Federal Consistency and Dispute Resolution

The 1970s marked a new era of environmental protection efforts in the United States. One major piece of legislation passed by Congress was the 1972 Coastal Zone Management Act (CZMA), which established a program to provide for the wise use and protection of the nation's coastal resources. Issues such as the loss of coastal and marine resources and wildlife, decreased public space, multiple use conflicts, and shoreline erosion have been a focus of this legislation. This article discusses the authority granted to state coastal zone management (CZM) programs pursuant to Section 307 of the CZMA. In particular, it focuses on the use of the federal consistency process as a tool for resolving intergovernmental disputes. In order to illustrate some of the issues surrounding the use of the federal consistency process, this article examines the legal questions surrounding a recent dispute which resulted in an appeal to the United States Secretary of Commerce by the Virginia Electric and Power Company (VEPCO). The Secretary's decision in this matter has important implications for a state CZM program's role in the federal consistency process